The problem of
preventing child molesters from repeating their
crimes after being released from prison ranks as
one of society's most intractable problems. Thus,
it is no surprise that some South Carolina
lawmakers would come up with a radical and
simplistic solution: Just kill them.
Members of a state Senate subcommittee are
debating a proposal that would allow prosecutors
to seek the death penalty for repeat sex
offenders. The sentence would be applicable for
sex offenders who are convicted of raping a child
younger than 11, released from prison, then
convicted again.
While child rape ranks among the most heinous
of crimes, we nonetheless think this proposal is
misguided. For one thing, it most likely is
unconstitutional.
The U.S. Supreme Court ruled in a 1977 Georgia
case that convicting someone to death for rape was
unconstitutional. But Louisiana -- and now,
perhaps, South Carolina -- have taken steps to
challenge that law.
In 1995, Louisiana approved the death penalty
for sex offenders convicted of raping children
under 12 years of age. In fact, someone is on
Louisiana's death row under that law, and the
state Supreme Court declared the law
constitutional in 1999 on the grounds that the
1977 ruling addressed the rape of an adult, not a
child.
Supporters of the South Carolina proposal,
meanwhile, hope that enacting a death penalty for
child rape might instigate a new hearing before
the U.S. Supreme Court. And with two new
conservative justices appointed by the Bush
administration, the law might find a more
sympathetic reception by the court.
But that is a long shot. Opponents of seeking
the death penalty for repeat child molesters say
an appeal before the Supreme Court could risk
having the state's death penalty law overturned
altogether.
More important, seeking the death penalty for
repeat child rapists would be a long, expensive
process that would force the victim and witnesses
to relive the crime again and again during the
required appeals process. And for what? There is
no evidence that the threat of capital punishment
would effectively deter child molesters. In fact,
it might compel them to kill their victims to
prevent them from testifying.
Keeping serial child molesters incarcerated for
the rest of their lives is appropriate for those
who can't be rehabilitated. But the death penalty
should be reserved for murderers.
DNA testing has confirmed that many death-row
inmates did not commit the crimes for which they
were convicted. Many states are questioning the
fairness of a system that so often sentences the
wrong person to death.
This is no time to be adding to the roster of
those eligible for capital punishment.
| IN SUMMARY |
|
Instituting the death penalty for serial
child molesters presents more problems than it
solves.
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